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him before he receives miranda warning is the right thing to do. a short time ago, the aclu put out a statement saying every defendant is entitled to defend miranda lights. five lawmakers want him treated as an enemy combatant. 53 people remain in boston hospitals today, three in critical condition, including a 7-year-old girl. nbc news national investigative correspondent michaels i cough is in boston, ron allen outside boston's beth israel medical center where the suspect and many of the victims are being kept and kristen we willinger at the white house, let's get to the latest on investigation. for that, we turn to michaels i cough, again, in boston. what is the fbi focusing on today and moving forward? >> reporter: federal prosecutors are focusing on drafting a criminal complaint we could see as early as this afternoon, detailing the criminal charges against him supported by an affidavit from an fbi agent that would lay out some details of the plot. not all of them but could provide crucial new information for us about what tsarnaev actually did and raise and shed some light on
understand he has not been read his miranda rights, even if he can talk. what's the latest from the hospital? >> the latest official word from the hospital and through the f.b.i., the official channels releasing information is he's in serious condition and within the last 24 hours, that he's also in stable condition. so he is under the care of the physician here, clearly under heavy guard. we know he was shot in the throat because senator in the select intelligence committee has also given that information out. but that's really what we know for certain at this point in time. >> gretchen: there is this report this morning that maybe that throat wound was from an attempted suicide when the police were closing in on him, as you can see from the thermal imings of him in the boat friday night. what have you heard about that? >> well, that information doesn't come from the positions here -- physicians that are treating him and would have the closest eye view of his wounds. they're keeping all of his information to themselves as they're required to do by law and the f.b.i. not releasing that throu
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